DHANANJAYA Y.CHANDRACHUD,J - (1.) Leave granted.
(2.) This appeal arises from a judgment of a Division Bench of the High Court of Jammu and Kashmir dated 31 December 2018. The High Court upheld a judgment of a learned Single Judge dated 15 December 2014 setting aside the appointment of the appellant under a scheme called the Rehbar-e-Taleem ["RET"] Scheme. The learned Single Judge directed the State to consider the case of the fifth respondent, for her appointment as an RET in the Government Middle School, Bakore.
(3.) The RET Scheme was notified by the State Government on 28 April 2000. Some of the salient features of the Scheme are extracted from the judgment of the High Court: "Sanction is accorded to launching of the Scheme of Rehbar-e-Taleem with the objective of:- a. Promoting the decentralized management of elementary education with the community participation and involvement. b. To ensure accountability and responsiveness through a strong backup and supervision through the community. c. To operationalize effectively the schooling system Zat the grass roots level. The scheme shall be effectuated for provision of services of Teaching guides called ,,Rehbar-e-Taleem in the Primary andMiddle Schools to make up the deficiency of the staff as per the existent norms. Concept of Rehbar-e-Taleem The person to be provided to make up the deficiency of the staff at the elementary level of education will be designated as Rehbar-e-Taleem. The underlying objective is to posit the role of the teaching guide as catalyst for quality education and to ensure the overall development of the personality of the children. Drawn from the local community, the accountability of the teacher called as ,,Rehbar-e-Taleem would be immediate providing for constant interface and interaction with the community to secure universal enrolment and to check the incidence of drop outs. Role of Village Level Committee Rehbar-e-Taleem (Teaching Guide) shall be engaged by VLC conceptualized vide Circular order No.Edu/Plan-184/2000 dated 17.02.2000. However, for the purpose of selection of Rehbar-e-Taleem, the composition of VLC as visualized in the aforesaid Circular shall be modified to the extent of associating ZEO in place of Headmaster as the Convenor. Xxxxxxxx i. VLC shall assess the requirement of teachers in the Primary/ Middle Schools within the area of their operation in due regard to the approved norms of staffing and the Roll. On the basis of the said assessment, VLC would draw up a panel of eligible qualified persons from the village. ................... Eligibility i/ Rehbar-e-Taleem should be the permanent resident of the State. ii/ He or she should belong to the village where there is assessed deficiency of staff. On the certification of VLC that no local candidate from within the village is available, VLC can draw up the panel from the adjoining village." ;